The Filibuster in the New Year

If you believe on the basis of the past two weeks (as opposed to the past years) that bipartisanship works in the Senate, I have a bridge to sell you. The Republicans have abused the privilege (routinely upholding legislation and appointments) and have made a mockery of democracy in the process. In the new year, Democrats should change the rules to render the filibuster ineffective. I know a member of the New York Democratic Committee who argues that the Democrats will want the filibuster when the Republicans command a majority in the Senate. As Jack Balkin point out at Balkinization on Wednesday, the Republicans will be quick to abolish the filibuster when they gain a majority, and he well argues that the last two weeks are the product of special circumstances, not a sign of things to come. The Democrats should not have their hands tied by a party committed to making the market unregulated and the country ungovernable. It is time for the filibuster to go.